IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.902/2019 Between:
Madhusudan @ madhu @ Loosu @ Radhu, S/o Velu, Aged about 20 years, Residing at No.233, 3rd Stage, 5th Cross, Gattigere Extension, Near Papaiah Kalyana Mantapa, Rajarajeshwarinagar, Bengaluru – 560 098. … Petitioner (By Sri A.N. Radha Krishna, Advocate) And:
The State of Karnataka, By Rajarajeshwarinagar Police Station, Rep. by Public Prosecutor, High Court Complex, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.53/2016 (S.C. No.293/2018) (C.C. No.14648/2017) for the offences p/u/s 307, 323, 341, 504 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail pursuant to the execution of Non-Bailable Warrant (NBW) issued by the Sessions Court in S.C.No.293/2018.
2. The crime was registered with respect to the offences punishable under Sections 307, 323, 341, 504 read with Section 34 of IPC. It is stated that a complaint came to be lodged on 19.03.2016 making out a case of commission of offences as abovementioned.
3. The petitioner is stated to have obtained bail on 26.06.2016. After investigation, charge sheet has been filed. It is noticed that the petitioner has subsequently not attended the Court and accordingly has evaded appearance before the Court. A proclamation under Sections 82 and 83 of Cr.P.C. came to be issued on 16.12.2018. Subsequently, the Sessions Court while trying the matter in S.C.No.293/2018 has issued NBW to secure the presence of the petitioner. The said warrant was executed by arresting the petitioner on 14.01.2019. The application filed by the petitioner under Section 439 of Cr.P.C. came to be rejected.
4. Learned counsel for the petitioner states that petitioner’s absence was due to bona fide reasons and taking note of the fact that accused No.1 was enlarged on bail in similar circumstances, the petitioner is also entitled to be enlarged on bail. It is further stated that even as regards the merits of the case, the overt acts are primarily against the other accused and not against the present petitioner.
5. Taking note of the fact that accused No.1 has been enlarged on bail, noticing that the imputations are against the other accused, it would be appropriate to afford another opportunity to the petitioner.
6. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.53/2016 for the offences punishable Sections 307, 323, 341, 504 read with Section 34 of IPC. subject to the following conditions:-
(i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (rupees two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
(ii) He shall not tamper with the prosecution evidence directly or indirectly.
(iii) He shall be regular in attending the trial. If he jumps the bail condition or fails to appear before the court, the court below is at liberty to cancel the bail and take him into custody.
(iv) He shall not leave the jurisdiction of the Court without prior permission.
(v) He shall mark his attendance once in a month on every first of the month to the jurisdictional police, till the trial is concluded.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR